Mohinder Verma
JAMMU, Nov 22: As the Army authorities have agreed in principle for use of Manda-High Court road by the Judges, the Division Bench comprising Chief Justice M M Kumar and Justice Mohammad Yaqoob Mir has issued directions for discussing modalities with regard to throwing open the road for ingress and outgress of lawyers by convening a meeting on December 1, 2012.
“The issue regarding connecting High Court complex with Jammu-Nagrota Highway via Manda is pending since long. In the last order dated August 3, 2012, it has been noticed that the Army authorities in principle have agreed for construction of such road. They have referred to the report of the committee comprised of Registrar General, President, Vice-President and Secretary of the Bar Association, Assistant Solicitor General of India (ASGI) and Senior Advocate D C Raina”, the Division Bench observed in Bar Association Jammu Versus State of J&K and others petition.
However, Mr Salaria pointed out that two important letters dated February 26, 2011 and April 30, 2010 escaped the attention of the committee and stated that through these letters duly signed by Brigadier, who is local authority for Army and Commanding Officer, a solution has been reflected.
The Assistant Solicitor General of India (ASGI), K K Pangotra stated that there is no objection if the road is used for ingress and outgress of the Judges and issue connected with the use of road by lawyers can be discussed across the table by office bearers of the Bar Association.
On this, DB asked ASGI to notify to Station Commandant that the whole matter would be discussed with the office bearers of Bar Association in a meeting to be held in the office of Registrar General. “The meeting to discuss the modalities with regard to use of road by lawyers shall be held on December 1, 2012 at 5 pm”, the DB directed, adding “Vice-President of the Bar M U Salaria, Senior Advocates D C Raina, M K Bhardwaj, Secretary of Bar Vikram Sharma and Advocate D K Khajuria shall participate in the meeting and contribute their valuable views”.
In respect of construction of multi-level parking providing connectivity with the lawyers chambers, no status report has been filed despite clear directions issued on August 3, 2012, the DB observed, adding “last date of hearing was almost three and half months back and still no progress seems to have been made with regard to finalizing the proposal”.
“We disapprove the slow pace adopted by the respondents in approving the proposal, which according to Advocate General M I Qadri is lying with the Planning Department for nod”, the DB said, adding “the respondents shall file the status report by showing that the proposal has been approved and the funds have been allocated by next date of hearing. If the status report is not filed or the approval is not accorded then Financial Commissioner, Finance Department and Commissioner Secretary, Planning Department shall remain present in person to explain their difficulties to approve the proposal”.
About the construction of lawyers chambers, the DB observed, “it has already been indicated in the order dated August 3, 2012 that progress of work is very slow and tardy. The construction of lawyers chambers was started long time back in 2006. By no means we could imagine that the respondents would take six years to complete the construction work”, adding “it is expected that the whole work of chambers building would be completed by June 2013 and revised road map is submitted in this regard by the next date of hearing”.
In the status report submitted in pursuance to order dated August 3, 2012 Deputy General Manager, Jammu and Kashmir Project Construction Corporation Limited has stated that 34 chambers were completed and handed over to the Bar Association in December 2010 on the lower ground floor.
On the upper ground floor, 45 chambers have now been completed the finishing of another 16 chambers is in progress. Managing Director-cum-Chief Engineer M M Gupta, who was present in the court, stated that these chambers would be ready in all respect for delivery of possession in 2nd week of December 2012. With regard to first floor it has been pointed out that the work would be completed by June 2013.
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